Patent Requirements

Claim of Priority

If priority is claimed, the applicant must furnish a certified copy of basic home patent, legalized up to the Consul of Costa Rica, in applications for a confirmation patent.

Specification

Five copies, in Spanish, setting forth the prior art and the best mode known to the applicant to realize the invention, and a mention of its industrial application. The specification must consist of a description of the invention sufficiently clear and complete for a person normally skilled in the art of the relevant field to execute it.

Claims

One or more claims (five copies) in Spanish. The wording of the first claim shall determine the scope of protection. Further claims shall be dependent on the first claim and may refer to special ways of practicing the invention. The description and drawings may be used to interpret the claims.

Drawings

Five sets of drawings in cases where it is necessary to furnish any drawing.

Abstract

Five copies, in Spanish, containing a brief of the specification, the claims and any drawings, and, as the case may be, the formulae which best characterizes the invention. The abstract shall serve to understand the technical problem and the essentials of the solution offered by the invention, as well as its main use. The abstract shall be included for information purposes only, and shall not be used to construe the scope of protection.

Power of Attorney

A legalized Power of Attorney is required if the application is filed by the agent.

Certificate

If the invention is related to therapeutic products, or substances, medicines, or agrochemicals, a certificate from the Costa Rica Health Authority or Agricultural Authority confirming that the subject application has been analyzed and registered by that Authority.

The following may not be patented

Discoveries, scientific theories, mathematical methods, computer programs, economic and business methods and principles, schemes, rules or methods for performing purely intellectual activities or playing games, the juxtaposition of known inventions or mixtures of known products, variations of their shape or use, dimensions or materials, except if the combination is such that the elements cannot work separately or that the qualities or characteristic functions thereof are modified to obtain an industrial result which is not obvious for an expert in the field, methods for surgical, therapeutic, and diagnostic treatment applicable to the human or animal body, plant or animal varieties or essentially biological processes for obtaining the same, microbiological processes and products thereof, inventions being contrary to morality, public health, public safety, and the law, unsubstantial modifications of an earlier invention, and inventions being the subject of litigation in the home country.

Note
Although inventions relating to medicine, articles, or substances for therapeutic use, foodstuffs, beverages, fertilizers, agrochemicals, or to products or substances for the treatment, prevention or control of weeds or vegetable or animal pets or vermin are patentable, the patent therefor shall be limited in duration to only one year as from the date of grant.

Terms and Annuity

Patents have a duration of 20 years as from the date of filing in the county of origin, without extension, subject to the payment of annual fees.

In order to prevent a patent from lapsing, annuities are to be paid as from the date of grant on each anniversary of grant.
A grace period of 6 months is allowed in order to pay an annuity, with surcharge, failing which the patent shall lapse.

Requirements for Assignment of Rights Against Trademarks